Terms and Conditions Plus Privacy Policy
1.
User's
Acknowledgment and Acceptance of Terms
Arke
Ministries Fellowship International ("Us" or "We")
and Associated websites known as Music for Dummies provides the Arke
MinistriesFellowship International site and various related services
(collectively, the
"site") to you, the user, subject to your compliance with all the
terms, conditions, and notices contained or referenced herein (the
"Terms of
Use"), as well as any other written agreement between us and you. In
addition, when using particular services or materials on this site,
users shall
be subject to any posted rules applicable to such services or materials
that
may contain terms and conditions in addition to those in these Terms of
Use.
All such guidelines or rules are hereby incorporated by reference into
these
Terms of Use.
BY
USING
THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT
WISH TO
BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR
REMEDY FOR
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR
OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE
SITE AND/OR
THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THIS SITE.
These
Terms
of Use are effective as of 8th July 2010. We expressly reserve the
right to
change these Terms of Use from time to time without notice to you. You
acknowledge and agree that it is your responsibility to review this
site and
these Terms of Use from time to time and to familiarize yourself with
any
modifications. Your continued use of this site after such modifications
will
constitute acknowledgement of the modified Terms of Use and agreement
to abide
and be bound by the modified Terms of Use.
As
used in
these Terms of Use, references to our "Affiliates" include our
owners, subsidiaries, affiliated companies, officers, directors,
suppliers,
partners, sponsors, and advertisers, and includes (without limitation)
all
parties involved in creating, producing, and/or delivering this site
and/or its
contents.
2.
Description of Services
We
make
various services available on this site including, but not limited to,
Nonprofit Ministry Organization fundraising by way of selling CDs,
Bibles,
Jewelry, Ordination, baptism, wedding, name day Certificates, , and
other like
services. You are responsible for providing, at your own expense, all
equipment
necessary to use the services, including a computer, modem, and
Internet access
(including payment of all fees associated with such access).
We
reserve
the sole right to either modify or discontinue the site, including any
of the
sites features, at any time with or without notice to you. We will not
be
liable to you or any third party should we exercise such right. Any new
features that augment or enhance the then-current services on this site
shall
also be subject to these Terms of Use.
3.
Registration Data and Privacy
In
order to
access some of the services on this site, you will be required to use
an
account and password that can be obtained by completing our online
registration
form, which requests certain information and data ("Registration
Data"), and maintaining and updating your Registration Data as
required.
By registering, you agree that all information provided in the
Registration
Data is true and accurate and that you will maintain and update this
information as required in order to keep it current, complete, and
accurate.
You
also
grant us the right to disclose to third parties certain Registration
Data about
you. The information we obtain through your use of this site, including
your
Registration Data, is subject to our Privacy Policy,
which is specifically
incorporated by reference into these Terms of Use.
4.
Conduct on Site
Your
use of
the site is subject to all applicable laws and regulations, and you are
solely
responsible for the substance of your communications through the site.
By
posting information in or otherwise using any communications service,
chat
room, message board, newsgroup, software library, or other interactive
service
that may be available to you on or through this site, you agree that
you will
not upload, share, post, or otherwise distribute or facilitate
distribution of
any content -- including text, communications, software, images,
sounds, data,
or other information -- that:
a.
is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive,
fraudulent, invasive of another’s privacy, tortious, contains
explicit or
graphic descriptions or accounts of sexual acts (including but not
limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or
policies;
b.
victimizes, harasses, degrades, or intimidates an individual or group
of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
c.
infringes
on any patent, trademark, trade secret, copyright, right of publicity,
or other
proprietary right of any party;
d.
constitutes unauthorized or unsolicited advertising, junk or bulk email
(also
known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e.
contains
software viruses or any other computer code, files, or programs that
are
designed or intended to disrupt, damage, or limit the functioning of
any
software, hardware, or telecommunications equipment or to damage or
obtain unauthorized
access to any data or other information of any third party; or
f.
impersonates any person or entity, including any of our employees or
representatives.
We
neither
endorse nor assume any liability for the contents of any material
uploaded or
submitted by third party users of the site. We generally do not
pre-screen,
monitor, or edit the content posted by users of communications
services, chat
rooms, message boards, newsgroups, software libraries, or other
interactive
services that may be available on or through this site. However, we and
our
agents have the right at their sole discretion to remove any content
that, in
our judgment, does not comply with these Terms of Use and any other
rules of
user conduct for our site, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in removing
such
content. You hereby consent to such removal and waive any claim against
us
arising out of such removal of content. See "Use of Your Materials"
below for a description of the procedures to be followed in the event
that any
party believes that content posted on this site infringes on any
patent,
trademark, trade secret, copyright, right of publicity, or other
proprietary
right of any party.
In
addition,
you may not use your account to breach security of another account or
attempt
to gain unauthorized access to another network or server. Not all areas
of the
site may be available to you or other authorized users of the site. You
shall
not interfere with anyone else’s use and enjoyment of the
site or other similar
services. Users who violate systems or network security may incur
criminal or
civil liability.
You
agree
that we may at any time, and at our sole discretion, terminate your
membership,
account, or other affiliation with our site without prior notice to you
for
violating any of the above provisions. In addition, you acknowledge
that we
will cooperate fully with investigations of violations of systems or
network
security at other sites, including cooperating with law enforcement
authorities
in investigating suspected criminal violations.
5.
Third
Party Sites and Information
This
site
may link you to other sites on the Internet or otherwise include
references to
information, documents, software, materials and/or services provided by
other
parties. These sites may contain information or material that some
people may
find inappropriate or offensive. These other sites and parties are not
under
our control, and you acknowledge that we are not responsible for the
accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of
such sites, nor are we responsible for errors or omissions in any
references to
other parties or their products and services. The inclusion of such a
link or
reference is provided merely as a convenience and does not imply
endorsement
of, or association with, the site or party by us, or any warranty of
any kind,
either express or implied.
6.
Intellectual Property Information
Copyright
(c) 8th July 2010 Arke Ministries Organization International Ltd All
Rights
Reserved.
For
purposes
of these Terms of Use, "content" is defined as any information, data,
communications, software, photos, video, graphics, music, sounds, and
other
material and services that can be viewed by users on our site. This
includes
message boards, chat, and other original content.
By
accepting
these Terms of Use, you acknowledge and agree that all content
presented to you
on this site is protected by copyrights, trademarks, service marks,
patents or
other proprietary rights and laws, and is the sole property of Arke
Ministries
Organization International Ltd and/or its Affiliates. You are only
permitted to
use the content as expressly authorized by us or the specific content
provider.
Except for a single copy made for personal use only, you may not copy,
reproduce, modify, republish, upload, post, transmit, or distribute any
documents
or information from this site in any form or by any means without prior
written
permission from us or the specific content provider, and you are solely
responsible for obtaining permission before reusing any copyrighted
material
that is available on this site. Any unauthorized use of the materials
appearing
on this site may violate copyright, trademark and other applicable laws
and
could result in criminal or civil penalties.
Neither
we
or our Affiliates warrant or represent that your use of materials
displayed on,
or obtained through, this site will not infringe the rights of third
parties.
See "Users Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on
this site
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
All
custom
graphics, icons, logos and service names are registered trademarks,
trademarks
or service marks of Arke Ministries Organization International Ltd or
its
Affiliates. All other trademarks or service marks are property of their
respective owners. Nothing in these Terms of Use grants you any right
to use
any trademark, service mark, logo, and/or the name of Arke Ministries
Organization International Ltd or its Affiliates.
7.
Unauthorized Use of Materials
Subject
to
our Privacy Policy, any communication or material that you transmit to
this
site or to us, whether by electronic mail, post, or other means, for
any
reason, will be treated as non-confidential and non-proprietary. While
you
retain all rights in such communications or material, you grant us and
our
agents and affiliates a non-exclusive, paid-up, perpetual, and
worldwide right
to copy, distribute, display, perform, publish, translate, adapt,
modify, and
otherwise use such material for any purpose regardless of the form or
medium
(now known or not currently known) in which it is used.
Please
do
not submit confidential or proprietary information to us unless we have
mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in
any
circumstance.
We
respect
the intellectual property of others, and we ask you to do the same. If
you or
any user of this site believes its copyright, trademark or other
property
rights have been infringed by a posting on this site, you or the user
should
send notification to our Designated Agent (as identified below)
immediately. To
be effective, the notification must include:
1.
Identify
in sufficient detail the copyrighted work that you believe has been
infringed
upon or other information sufficient to specify the copyrighted work
being
infringed).
2.
Identify
the material that you claim is infringing the copyrighted work listed
in item
#1 above.
3.
Provide
information reasonably sufficient to permit us to contact you (email
address is
preferred).
4.
Provide
information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other
content (email
address is preferred).
5.
Include
the following statement: "I have a good faith belief that use of the
copyrighted materials described above as allegedly infringing is not
authorized
by the copyright owner, its agent, or the law."
6.
Include
the following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright
owner
or am authorized to act on behalf of the owner of an exclusive right
that is
allegedly infringed."
7.
Sign the
paper.
8.
Send the
written communication to the following address:
Designated
Agent for Claimed Infringement:
Contact:
Carl Wheeler
Address: Tower Street Corowa NSW Australia
Phone: (02) 60334004
You
acknowledge and agree that upon receipt of a notice of a claim of
copyright
infringement, we may immediately remove the identified materials from
our site
without liability to you or any other party and that the claims of the
complaining party and the party that originally posted the materials
will be
referred to the United States Copyright Office for adjudication as
provided in
the Digital Millennium Copyright Act.
8.
Disclaimer of Warranties
ALL
MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY
THAT (A)
THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE
SERVICES AND
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE
RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES,
OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR
OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS
OR
DEFECTS.
THIS
SITE
COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT
ANY
TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT
OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE
USE OF
THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH
THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS
OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through
your
use of the site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all
transactions relating to any merchandise or services offered by any
party,
including, but not limited to the purchase terms, payment terms,
warranties,
guarantees, maintenance and delivery terms relating to such
transactions, are
agreed to solely between the seller or purchaser of such merchandize
and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE
THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY
THAT IS
PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR
INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY
BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content
available through this site often represents the opinions and judgments
of an
information provider, site user, or other person or entity not
connected with
us. We do not endorse, nor are we responsible for the accuracy or
reliability
of, any opinion, advice, or statement made by anyone other than an
authorized
Arke Ministries Organization International Ltd spokesperson speaking in
his/her
official capacity. Please refer to the specific editorial policies
posted on
various sections of this site for further information, which policies
are
incorporated by reference into these Terms of Use.
You
understand and agree that temporary interruptions of the services
available
through this site may occur as normal events. You further understand
and agree
that we have no control over third party networks you may access in the
course
of the use of this site, and therefore, delays and disruption of other
network
transmissions are completely beyond our control.
You
understand and agree that the services available on this site are
provided
"AS IS" and that we assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
SOME
STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.
Limitation of Liability
IN
NO EVENT
SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF
USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION
WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO
FROM THIS
SITE.
FURTHER,
WE
SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES
OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL
TRANSACTIONS
THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO
YOU.
10.
Indemnification
Upon
a
request by us, you agree to defend, indemnify, and hold us and our
Affiliates
harmless from all liabilities, claims, and expenses, including
attorney’s fees,
which arise from your use or misuse of this site. We reserve the right,
at our
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
cooperate
with us in asserting any available defenses.
11.
Security and Password
You
are
solely responsible for maintaining the confidentiality of your password
and
account and for any and all statements made and acts or omissions that
occur
through the use of your password and account. Therefore, you must take
steps to
ensure that others do not gain access to your password and account. Our
personnel will never ask you for your password. You may not transfer or
share
your account with anyone, and we reserve the right to immediately
terminate
your account if you do transfer or share your account.
12.
Participation in Promotions
From
time to
time, this site may include advertisements offered by third parties.
You may
enter into correspondence with or participate in promotions of the
advertisers
showing their products on this site. Any such correspondence or
promotions,
including the delivery of and the payment for goods and services, and
any other
terms, conditions, warranties or representations associated with such
correspondence or promotions, are solely between you and the
advertiser. We
assume no liability, obligation or responsibility for any part of any
such
correspondence or promotion.
13.
E-mail, Messaging, Blogging, and Chat Services
We
may make
email, messaging, blogging, or chat services (collectively,
"Communications") available to users of our site, either directly or
through a third-party provider. We make available separate supplemental
agreements characterizing the relationship between you and us that,
except
where expressly noted or contradictory, includes these Terms.
We
will not
inspect or disclose the contents of private Communications except with
the
consent of the sender or the recipient, or in the narrowly-defined
situations
provided under the Electronic Communications Privacy Act, or as other
required
by law or by court or governmental order. Further information is
available in
our Privacy Policy.
We
may
employ automated monitoring devices or techniques to protect our users
from
mass unsolicited communications (also known as "spam") and/or other
types of electronic communications that we deem inconsistent with our
business
purposes. However, such devices or techniques are not perfect, and we
will not
be responsible for any legitimate communication that is blocked, or for
any
unsolicited communication that is not blocked.
Mailboxes
may have a limited storage capacity. If you exceed the maximum
permitted
storage space, we may employ automated devices that delete or block
email
messages that exceed the limit. We will not be responsible for such
deleted or
blocked messages.
14.
International Use
Although
this site may be accessible worldwide, we make no representation that
materials
on this site are appropriate or available for use in locations outside
the
United States, and accessing them from territories where their contents
are
illegal is prohibited. Those who choose to access this site from other
locations do so on their own
initiative and are
responsible for compliance with local laws. Any offer for any product,
service,
and/or information made in connection with this site is void where
prohibited.
15.
Termination of Use
You
agree that
we may, in our sole discretion, terminate or suspend your access to all
or part
of the site with or without notice and for any reason, including,
without
limitation, breach of these Terms of Use. Any suspected fraudulent,
abusive or
illegal activity may be grounds for terminating your relationship and
may be
referred to appropriate law enforcement authorities.
Upon
termination or suspension, regardless of the reasons therefore, your
right to
use the services available on this site immediately ceases, and you
acknowledge
and agree that we may immediately deactivate or delete your account and
all
related information and files in your account and/or bar any further
access to
such files or this site. We shall not be liable to you or any third
party for
any claims or damages arising out of any termination or suspension or
any other
actions taken by us in connection with such termination or suspension.
16.
Governing Law
This
site
(excluding any linked sites) is controlled by us from our offices
within the
Rutherglen Vic Australia, United States of America. It can be accessed
from all
50 states, as well as from other countries around the world. As each of
these
places has laws that may differ from those of Rutherglen Vic Australia,
by
accessing this site both of us agree that the statutes and laws of the
State of
Rutherglen Vic Australia, without regard to the conflicts of laws
principles
thereof and the United Nations Convention on the International Sales of
Goods,
will apply to all matters relating to the use of this site and the
purchase of
products and services available through this site. Each of us agrees
and hereby
submits to the exclusive personal jurisdiction and venue any court of
competent
jurisdiction within the State of Rutherglen Vic Australia with respect
to such
matters.
17.
Notices
All
notices
to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent to the attention of
Customer
Service at wheelersandassociates@live.com.au, if by email, or at Arke
Ministries Organization International Ltd 15 Culbertson Street
Rutherglen Vic
3685 Australia if by conventional mail. Notices to you may be sent to
the
address supplied by you as part of your Registration Data. In addition,
we may
broadcast notices or messages through the site to inform you of changes
to the
site or other matters of importance, and such broadcasts shall
constitute
notice to you at the time of sending.
18.
Entire Agreement
These
terms
and conditions constitute the entire agreement and understanding
between us
concerning the subject matter of this agreement and supersede all prior
agreements and understandings of the parties with respect to that
subject
matter. These Terms of Use may not be altered, supplemented, or amended
by the
use of any other document(s). Any attempt to alter, supplement or amend
this
document or to enter an order for products or services which are
subject to
additional or altered terms and conditions shall be null and void,
unless
otherwise agreed to in a written agreement signed by you and us. To the
extent
that anything in or associated with this site is in conflict or
inconsistent
with these Terms of Use, these Terms of Use shall take precedence.
19.
Miscellaneous
In
any
action to enforce these Terms of Use, the prevailing party will be
entitled to
costs and attorney’s Fees. Any cause of action brought by you
against us or our
Affiliates must be instituted with one year after the cause of action
arises or
be deemed forever waived and barred.
You
may not
assign your rights and obligations under these Terms of Use to any
party, and
any purported attempt to do so will be null and void. We may free
assign our
rights and obligations under these Terms of Use.
You
agree
not to sell, resell, reproduce duplicate, copy or use for any
commercial
purposes any portion of this site, or use of or access to this site.
In
addition
to any excuse provided by applicable law, we shall be excused from
liability
for non-delivery or delay in delivery of products and services
available
through our site arising from any event beyond our reasonable control,
whether
or not foreseeable by either party, including but not limited to, labor
disturbance, war, fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or
events
beyond our reasonable control, whether or not similar to those which
are
enumerated above.
If
any part
of these Terms of Use is held invalid or unenforceable, that portion
shall be
construed in a manner consistent with applicable law to reflect, as
nearly as
possible, the original intentions of the parties, and the remaining
portions
shall remain in full force and effect.
Any
failure
by us to enforce or exercise any provision of these Terms of Use or
related
rights shall not constitute a waiver of that right or provision.
20.
Contact Information
Except
as
explicitly noted on this site, the services available through this site
are
offered by Arke Ministries Organization International Ltd located at 15
Culbertson Street Rutherglen Vic 3685 Australia. Our telephone number
is 02
60327722. If you notice that any user is violating these Terms of Use,
please
contact us at wheelersandassociates@live.com.au.
Terms
and Conditions of Sale
1.
Sale
and Purchase of Goods
Arke
Ministries Organization International Ltd ("Seller") hereby agrees to
sell, and You ("Buyer") hereby agree to purchase, goods of the
description and quantity described on the checkout window
("Checkout") and incorporated herein by this reference
("Goods") on the terms and conditions set forth in this Agreement.
2.
Purchase Price
Buyer
agrees
to pay the Purchase Price of the Goods as posted on this website
attached
hereto.
3.
Payment Terms
The
total
amount of the Purchase Price shall be payable in full by Buyer
according to the
payment due date stated at Checkout. Any portion of the Purchase Price
unpaid
past thirty (30) days shall be considered overdue. All amounts past due
are
subject to a late charge of the lesser of one and one-half percent (1
1/2%) per
month (being eighteen percent (18%) per annum) or the highest lawful
rate. In
addition, Seller shall have the right to pursue any remedies available
at law
or as provided herein and shall be entitled to reimbursement from Buyer
for
Seller's costs of collection, including attorney fees, legal fees and
costs and
disbursements.
4.
Delivery
Unless
otherwise agreed in writing, delivery shall be made in accordance with
Seller's
shipping policy in effect on the date of shipment. Delivery dates
provided by
Seller are estimates only. Seller will make reasonable efforts to
deliver in
accordance with such dates; however, Seller will not be liable for
failure to
deliver as estimated. Unless otherwise agreed in writing by Seller,
Goods shall
be packaged according to Seller's standards and practices.
5.
Limited Warranty
Seller
supplies as its sole warranty the following:
7
days
The
warranty
shall last for 7 days.
The
warranties provided for herein shall be governed by Seller's warranty
policies
in effect on the date of shipment.
6.
Disclaimer of Warranty/Limitation of Liability
Seller
undertakes no responsibility for the quality of the Goods or that the
Goods
will be fit for any particular purpose for which Buyer may be buying
the Goods,
except as otherwise provided in this Agreement, and Seller disclaims
all other
warranties and conditions, express or implied.
SELLER
(INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS
OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS
THE
"SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO
BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS
OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS
OF THE
GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE
OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME,
LOST
DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD
PARTIES,
EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY
WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY,
NEGLIGENCE,
OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR
CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE
ITS
ESSENTIAL PURPOSE, OR OTHERWISE.
IN
NO EVENT
SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER
PARTY FOR
LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN
CONNECTION
WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF
THE
GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS
AND NONE
OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND,
INDEMNIFY, OR
HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS
INCURRED BY
BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR
VIOLATION OF
COPYRIGHTS BY ANY OF THE GOODS.
7.
Force
Majeure
Seller
shall
not be held responsible for any failure of performance to make timely
delivery
of all or any part of the Goods in the event such failure was due, in
whole or
in part, to federal, provincial or municipal action, statute, ordinance
or
regulation, strike or other labor trouble, fire or other damage to or
destruction of, in whole or in part, the Goods or the manufacturing
facility
for the Goods, the lack of or inability to obtain raw materials, labor,
fuel,
electrical power, water or supplies, or any other cause, act of God,
contingency or circumstances not subject to the reasonable control of
Seller,
which causes delays or hinders the manufacture or delivery of Goods.
Seller
shall determine in good faith the extent to which it can reasonably
control a
cause, contingency, or circumstance that affects the performance of its
obligations.
8.
General
Buyer
may
not assign this Agreement without Seller's written consent. Seller is
the sole
intended beneficiary of this Agreement. If there is any inconsistency
between
this Agreement and any other agreement included with or relating to the
Goods,
this Agreement shall govern. This Agreement may not be modified,
altered or
amended without the written agreement of Seller. Any additional or
altered
terms attached to any order submitted by Buyer shall be null and void,
unless
expressly agreed to in writing by Seller. If any term of this Agreement
is
illegal or unenforceable, the legality and enforceability of the
remaining
provisions shall not be affected or impaired. This Agreement shall be
interpreted under the laws of the State of Virginia, without giving
effect to
conflicts-of-law rules; and in the event of a dispute under this
Agreement;
Buyer submits to the exclusive jurisdiction and venue of the courts of
the
Commonwealth of Virginia and hereby waives any objection to such
jurisdiction
and venue
Blog
and Message Board Terms of Use
Arke
Ministries Organization International Ltd ("We" or "Us" or
"Our") offers the use of its blogging and message board services
(along with the content posted thereon, the "Services") subject to
the terms and conditions of use (the "Terms") contained herein. All
references herein to "We," "Us," or "Our" are
intended to include Arke Ministries Organization International Ltd and
any
other affiliated companies. By accessing, creating or contributing to
any blogs
or messages hosted by us (the "Blog"), and in consideration for the
Services we provide to you, you agree to abide by these Terms. Please
read them
carefully before posting to or creating any Blog. We reserve the right
to
change, at any time, at our sole discretion, the Terms under which
these
Services are offered. You are responsible for regularly reviewing these
Terms
for changes. Your continued use of the Services constitutes your
acceptance of
all such Terms. If you do not agree with these Terms, please do not use
the
Services.
1.
Disclaimer of Company Responsibility for Blog Content
You
understand that all content posted to the Blog (the "Content") is the
sole responsibility of the individual who originally posted the
content. You
understand, also, that all opinions expressed by users of this site are
expressed strictly in their individual capacities, and not as our
representatives or any of our sponsors or partners. The opinions that
you or
others post in the Blog do not necessarily reflect our opinions.
2.
Posting
(a)
By posting
your Content using the Services, you are granting an unrestricted,
irrevocable,
non-exclusive, royalty-free, perpetual, worldwide, and fully
transferable,
assignable, and sub licensable right and license to use, copy,
reproduce,
modify, adapt, publish, translate, create collective or derivative
works from,
distribute, perform and display your Content in whole or in part and to
incorporate it in other works in any form, media, or technology now
known or
later developed. You further warrant that all so-called moral rights in
the
content have been waived.
(b)
By
posting content to the Blog, you warrant and represent that you either
own or
otherwise control all of the rights to that content, including, without
limitation, all the rights necessary for you to provide, post, upload,
input or
submit the content, or that your use of the content is a protected fair
use.
You agree that you will not knowingly provide material and misleading
false
information. You represent and warrant also that the content you supply
does
not violate these Terms. It is your sole responsibility to ensure that
your
postings do not disclose confidential and/or proprietary information,
including
personal financial information, information covered by a nondisclosure
agreement, and information that you are not authorized to disclose. We
caution
you not to disclose personal information about yourself or your
children, such
as social security numbers, credit card numbers, etc.
(c)
You
agree to indemnify and hold Us and Our affiliated companies, and their
directors, officers and employees, harmless for any and all claims or
demands,
including reasonable attorney fees, that arise from or otherwise relate
to your
use of the Blog, any content you supply to the Blog, or your violation
of these
Terms or the rights of another.
3.
Accessing
(a)
You
agree that We will not be liable, under any circumstances and in any
way, for
any errors or omissions, loss or damage of any kind incurred as a
result of use
of any content posted on this site. You agree that you must evaluate
and bear
all risks associated with the use of any content, including any
reliance on the
accuracy, completeness, or usefulness of such content. You agree not to
collect
information about others, including e-mail addresses, or to use
information
obtained from the Services to send other users unsolicited e-mail of
any kind.
(b)
The Blog
is provided for informational purposes only; we shall not be
responsible or
liable for the accuracy or availability of any information appearing or
available
on the Blog.
(c)
Blog
postings may provide links to other websites on the Internet. We are
not
responsible or liable for such content and we make no express or
implied
warranty about the accuracy, copyright compliance, legality,
merchantability,
or any other aspect of the content of such postings. We are not
responsible or
liable for any advertising, products, or other materials on or
available from
such websites or resources. The inclusion of links does not imply
endorsement
of the Websites by Us or any association with their operators.
(d)
We may
enable you to establish an account with a username and password to
access and
use the Services. If so, you are responsible for maintaining the strict
confidentiality of your password, and you are responsible for any
activity
occurring through use of your account and password. You agree to
immediately
notify us of any unauthorized use of your password or account or any
other
breach of security and ensure that you exit from your account at the
end of
each session. We are not responsible or liable for any loss or damage
arising
from your failure to comply with this provision.
4.
Children
Collecting
personal information from children under the age of 18 ("minor
children") through the Services or the Blog is prohibited. No Content
should be directed toward minor children. Minor children are not
eligible to
use the site, and we ask that they do not submit any personal
information to
us.
5.
Privacy Policy
Please
be
sure to read our Privacy Policy, which is available at this website and
incorporated herein by reference.
6.
Unauthorized Use of Materials
See
Website
Terms of Use
7.
Termination of Access/Removal of Content
We
shall
have the right in Our sole discretion to terminate your access to and
use of
the Services and/or remove any of your Content should We consider your
statements or conduct to be inaccurate, illegal, obscene, defamatory,
threatening, infringing of intellectual property rights, invasive of
privacy,
injurious, objectionable, or otherwise in violation of these Terms or
applicable law.
8.
Disclaimer of Warranties
See
Website
Terms of Use
9.
Limitation of Liability
See
Website
Terms of Use
10.
Acceptance and Acknowledgement of Terms
Use of this website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of ours, including the Website Terms of Use that may govern your conduct. Thank you for participating in the Blog. Please do not hesitate to contact us at wheelersandassociates@live.com.au if you have questions.